Citation Nr: 9932277
Decision Date: 11/16/99 Archive Date: 11/29/99
DOCKET NO. 97-23 634A ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Milwaukee,
Wisconsin
THE ISSUE
Entitlement to an evaluation in excess of 30 percent for
post-traumatic stress disorder (PTSD).
REPRESENTATION
Appellant represented by: Wisconsin Department of
Veterans Affairs
ATTORNEY FOR THE BOARD
L. J. Nottle, Counsel
INTRODUCTION
The veteran served on active duty from November 1966 to
November 1968, and from January 1991 to March 1991. His
claim comes before the Board of Veterans' Appeals (Board) on
appeal from an August 1996 rating decision of the Department
of Veterans Affairs (VA) Regional Office in Milwaukee,
Wisconsin (RO).
REMAND
The veteran and his representative contend that the
evaluation assigned the veteran's service-connected PTSD
should be increased to 50 percent to more accurately reflect
the severity of his symptomatology. A preliminary review of
the record discloses that additional action by the RO is
required prior to further appellate review of the veteran's
claim.
Upon initial review of the veteran's claims file in July
1999, the Board was unclear whether the veteran wished to
testify at a hearing in support of his claim. The Board
therefore sought clarification, and in October 1999, the
veteran responded by letter that he wanted to attend a
hearing at the RO. Inasmuch as the veteran is entitled to a
hearing and his hearing request has not yet been fulfilled, a
REMAND is necessary.
To afford the veteran due process of law, this case is
REMANDED to the RO for the following actions:
1. The RO should afford the veteran a
hearing before a hearing officer at the
RO in Milwaukee, Wisconsin, in accordance
with his request.
2. Following the receipt of the
transcript of the hearing, the RO should
readjudicate the veteran's claim. If the
benefit sought is denied, the veteran and
his representative should be furnished a
Supplemental Statement of the Case, and
afforded an opportunity to respond
thereto before the case is returned to
the Board for further appellate review.
The purpose of this REMAND is to afford the veteran a
hearing. By this REMAND, the Board intimates no opinion,
favorable or unfavorable, as to the merits of the claim. The
veteran is free to submit any additional evidence he wishes
to have considered in connection with his appeal; however, he
is not required to act until further notified.
WARREN W. RICE, JR.
Member, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 1991 & Supp. 1999), only a
decision of the Board of Veterans' Appeals is appealable to
the United States Court of Appeals for Veterans Claims. This
remand is in the nature of a preliminary order and does not
constitute a decision of the Board on the merits of your
appeal. 38 C.F.R. § 20.1100(b) (1998).